SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

I. BACKGROUND 

Plaintiffs Jennifer Medina, Abraham Barrios, Chris Ornelas, and Daniel Ornelas filed this action against Brandon Moorehead (“Defendant”) for damages arising from a motor vehicle collision. 

Defendant moves to compel the depositions of Chris Ornelas (“Chris”) and Daniel Ornelas (“Daniel”) to appear for their depositions and to pay monetary sanctions. Both Chris and Daniel are minors, to which Laura Barrios is appointed as their guardian ad litem. Defendant argues the depositions of Daniel and Chris were initially noticed for August 17, 2024, but after continuing the deposition several times, neither have appeared for their deposition. Defendant asserts Plaintiffs’ counsel never provided additional dates as requested, and that they have continually failed to appear for their properly noticed depositions despite the number of continuances granted.  

Any opposition was due on or before May 17, 2024. No opposition has been filed to date. 

 

II. MOTION TO COMPEL DEPOSITION 

CCP § 2025.450(a) provides, “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.”  CCP § 2025.450 requires the Court to compel the deposition unless it finds a valid objection was served under §2025.410. 

There is no evidence that Daniel and Chris, through their guardian ad litem, served any valid objections to the deposition notices, nor did they oppose this motion demonstrating otherwise. Further, there is no evidence that their depositions have proceeded since the filing of the instant motion. Therefore, the unopposed motions to compel are GRANTED. (CCP § 2025.450(a).)  

Plaintiffs Daniel and Chris are ordered to appear for their deposition at a date, time, and location to be noticed by Defendant, but Defendant must give at least ten days’ notice of the deposition (notice extended per Code if by other than personal service). 

 

III. SANCTIONS 

CCP § 2025.450(g)(1) requires the court to impose sanctions unless it finds the deponent acted with substantial justification or there are circumstances that render imposition of sanctions unjust. Garcia requests $896.95 for the costs of preparing each motion.  

A court has discretion to award sanctions that are “suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks” but they should not be punitive in nature or levied for the purposes of punishing an offending party. (Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1545.)  

Defendant is awarded 1 hour per motion as attorney’s fees, and 1 hour to appear at the hearing (awarded only once and divided between Plaintiffs) at the requested rate of $200 per hour. Additionally, Defendant is awarded two motion filing fees of $69.95, as costs.  

Sanctions are sought and imposed against Plaintiffs Daniel and Chris and Plaintiff’s counsel, jointly and severally:  

(1) Plaintiff Daniel and/or his counsel are ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $369.95, within twenty (20) days; and  

(2) Plaintiff Chris and/or his counsel are ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $369.95, within twenty (20) days. 

 

Moving party is ordered to give notice.